Part 5 (1/2)
'I know that the motives of the condemned were not base; that they acted from patriotism; but in war one must be prepared to seal one's patriotism with blood, whether one faces the enemy in battle, or otherwise in the interest of one's cause does deeds which justly bring after them the death penalty. Among our Russian prisoners are several young girls who fought against us in soldiers' uniforms.
Had one of these girls fallen, no one would have accused us of barbarity against women. Why now, when another woman has met the death to which she knowingly exposed herself, as did her comrades in battle?
'There are moments in the life of nations where consideration for the existence of the individual is a crime against all. Such a moment was here. It was necessary once for all to put an end to the activity of our enemies, regardless of their motives; therefore the death penalty was executed so as to frighten off all those who, counting on preferential treatment for their s.e.x, take part in undertakings punishable by death.
'It was proved after a long trial of the sentenced persons that they for some months past had been engaged in a.s.sisting Belgians of military age to enlist in hostile armies, and in enabling French and English deserters to escape the country. They had many helpers, and had organized branches.
'The Governor-General had repeatedly issued warnings against such activity, pointing out that severe punishment for such action was unavoidable.
'The guilty persons were sentenced in a public sitting according to the law based on the provisions of the imperial penal code and the military penal code for war treason and espionage. No special law exists for Belgium, and no so-called ”usage of war” influenced the verdict of the court.'
Dr. Zimmermann maintained that the execution was carried out in accordance with the established regulations, death occurring immediately after the first volley, as attested by the physician who was present.
The greater part of Dr. Zimmermann's futile reasoning is not worth discussion in detail. The one outstanding fact is the common belief that no military authorities in Europe, other than German, would have executed Miss Cavell for an offence actuated by purest motives of patriotism, and in which there was not the faintest suspicion of espionage. It may be remarked, too, that in America Judge Lynch never executed a woman. The attempt to draw a parallel case between Nurse Cavell and Russian women who have fought as soldiers is puerile in the extreme. In the case of the Russian, she is dressed in male uniform, and the German who shoots her in action does so in ignorance of her s.e.x; Miss Cavell was a Red Cross nurse whose services to German wounded alone should have struck a spark of compa.s.sion.
Later, an inspired telegram was issued from Berlin to counteract the 'incorrect and exaggerated' discussions in the foreign press. It was stated that Miss Cavell was sentenced in a public sitting, although it is an incontrovertible fact that the American Legation could not get permission to be represented. It is laid to Miss Cavell's charge that she 'nursed only rich people for heavy fees.' Even if it were true, it would not palliate the German offence of hurried and clandestine murder; but we know, and the Germans know, that her whole life was spent in doing good for others. Finally is repeated the old statement that cruelties were committed by Lord Kitchener during the Boer War on women and children. This oft-repeated libel needs no refutation of ours, because it was demolished years ago by the German official history of the Boer War.
The next step in German impudence was an attempt to make believe that in the doc.u.ments exchanged between the American Legation in Brussels and the German authorities as published by the British Government, some circ.u.mstances of the utmost importance are inaccurately reported by the Belgian lawyer who acts as legal adviser to the Legation. To this Sir Edward Grey informed the press that the papers relating to the case of Miss Cavell were published exactly as they were received from the American Emba.s.sy and with the American Emba.s.sy's consent.
On November 20, however, nearly a month later, the British Foreign Office did make public one correction:
'The letter addressed by the United States Minister at Brussels to the Amba.s.sador in London, under date October 14, to the effect that the German prosecutor had asked for a sentence of death against Miss Edith Cavell _and eight other persons implicated by her testimony_ was due to erroneous information furnished to the United States Legation, and, so far as it has been possible to discover, no other person has been directly implicated by any testimony on the part of Miss Cavell.'
The acknowledgement of this mistake, however, could have afforded the Germans but little satisfaction, because its only effect was the removal of a slur on the loyalty of Miss Cavell to her friends.
In the clumsy attempt to justify their savagery the Germans have done nothing to prevent judgement going by default in the heart of all civilized nations. They omit all reference to their inhuman haste and calculated trickery, and their venomous refusal to allow exhumation and proper burial. No laws of war permit such outrages, no military necessities can excuse and no pedantic partisan can vindicate them.
XI
JUSTICE AND SAVAGERY CONTRASTED
Sir John Simon, the late Home Secretary, in an interview with a United States correspondent in London, averred that in the record of Britain's treatment of persons accused of military offences the case of Miss Cavell had and could have no parallel. To no woman, even in cases of clearly proved espionage, had Britain meted out a sentence of death; and in no case is a woman, whatever her nationality, tried in any but a civil court.
It may be urged that in an occupied territory such as Belgium the administration of the law may call for slight difference; but the Cavell case was not a sudden or unexpected discovery that called for a drumhead court-martial on a battle-field. The 'crime' was committed in Brussels, where the invaders claim to have restored orderly government under their own civil governor.
'In England the accused is brought before a tribunal which holds a preliminary inquiry taking the summary evidence. He is always a.s.sisted by a lawyer, and a complete record of the evidence, oral and doc.u.mentary, is given to the accused, who is then allowed an interval to prepare for defence. _If it is a woman, the trial always takes place before a civil tribunal_; if a man, he has the right to claim to be tried before a civil tribunal instead of a court-martial, if he be a British subject. At the trial, whether military or civil, the lawyers for the defence have the same opportunities as are given the accused in an ordinary case in peace times.
'In the last case involving a woman in this country the offender was of German birth, though technically a subject of another country owing to marriage. She was acting in a.s.sociation with a male spy, and was detected travelling to various points in order to collect information about naval defences. The evidence against her was overwhelming, and did not depend solely on witnesses, but on doc.u.ments found in her possession and letters written by her and her a.s.sociates.
'Going through the preliminary proceedings as previously described, she was tried in September by three civil judges of our High Court and a jury, and was convicted, not of harbouring German soldiers, but of deliberate and persistent spying for the purpose of providing the enemy with important information. Her male companion was condemned to death; she was sentenced to ten years'
imprisonment.
'In the case of a court-martial, reconsideration always takes place; in a civil trial, such as the one just recounted, there is a right of appeal to the Court of Criminal Appeal and consideration by the Home Secretary, who gives his advice as to the prerogative of mercy. In the particular case mentioned the woman did not appeal.
'In any case when the accused has claimed to have connexion with a neutral country we have not waited for application to be made to us. We thought it right to give the neutral Emba.s.sy information of the arrest. It has happened in several cases that the accused was carrying what he alleged to be a United States pa.s.sport. In such cases, as the others, the American Emba.s.sy was consulted, and the solicitors and counsel for defence were retained with the Emba.s.sy's approval.